hide my visit

Selecting the Appropriate Procedure for Requesting an Order of Nondisclosure

Hide Checklist

Introduction

This page will lead you through a series of questions and steps to help you figure out if you qualify for nondisclosure and if so what forms to use. Different Government Code sections apply to different types of nondisclosure orders. You have to apply for the type of nondisclosure order that matches your situation.

This page only applies to adult criminal records. It does not apply to arrests, charges, or convictions you received as a juvenile. Different rules apply to juvenile records.

Note that every type of nondisclosure order requires you to meet certain basic requirements in addition to the requirements listed below. Please read “Basic Requirements for All Orders of Nondisclosure” to see if you meet these basic requirements. Do not go through the steps below before making sure you meet all of the basic requirements that apply to all nondisclosure orders.

Also note that nondisclosure orders in Texas can be very complicated. There may be uncommon exceptions or bars to nondisclosure orders that TexasLawHelp does not address. If possible, always get an attorney to look over your case before applying for a nondisclosure order.

Before you get started, here is a list of the different types of nondisclosure orders:

Section 411.072: “Automatic” nondisclosure for deferred adjudication: certain nonviolent misdemeanors.

-This section only applies to a person who receives a discharge and dismissal on or after September 1, 2017.

Section 411.0725: Nondisclosures for deferred adjudication: felonies and misdemeanors that do not qualify under Section 411.072.

Section 411.0726: Nondisclosures for DWI (driving or boating while intoxicated) misdemeanors with deferred adjudiction (no conviction) -- new as of Sept. 1, 2019.

Section 411.0727: Nondisclosures for successful completion of Veterans Treatment Court Program

Section 411.0728: Nondisclosures for Certain Victims of Trafficking of Persons

Section 411.0729: Nondisclosures for completing a veterans reemployment program -- new as of Sept. 1, 2019

Section 411.073: Nondisclosures for probation (community supervision) following misdemeanor conviction. 

Section 411.0731: Nondisclosures for probation (community supervision) following DWI (driving while intoxicated) conviction

Section 411.0735: Nondisclosures for misdemeanor conviction.

Section 411.0736: Nondisclosures for DWI (driving while intoxicated) convictions.

The following questions will help you determine which section applies to you, and which set of forms to use in preparing your nondisclosure petition and order.  

Question 1: Do you want to seal a misdemeanor charge, other than a DWI, that was dismissed after you completed deferred adjudication?

If your answer to Question 1 is no, proceed to Question 2.

If your answer to Question 1 is yes: Have you ever been previously convicted or placed on deferred adjudication for anything other than a fine-only traffic ticket (not including the offense you want to seal)?

  • If your answer is yes, follow the procedure for Section 411.0725.
  • If your answer is no: Do you want to seal a misdemeanor offense discharged and dismissed on or after September 1, 2017?
  • If your answer is yes: Does your case file say say that the judge found it it would not be in the best interests of justice for you to get an automatic nondisclosure order?
  • If your answer is no: Do you want to seal charges for one of the following misdemeanors? 
    • Kidnapping, unlawful restraint, or smuggling of persons (Penal Code Chapter 20)
    • Sexual offenses (Penal Code Chapter 21)
    • Assaultive offenses (Penal Code Chapter 22)
    • Offenses against the family (Penal Code Chapter 25)
    • Disorderly conduct or related offenses (Penal Code Chapter 42)
    • Public indeceny offenses (Penal Code Chapter 43)
    • Weapons offenses (Penal Code Chapter 46)
    • Organized crime (Penal Code Chapter 71)
  • If your answer is yes, follow the procedure for Section 411.0725.
  • If your answer is no, follow the procedure for Section 411.072.

 

Question 2: Do you want to seal a misdemeanor DWI (Penal Code 46.04 or 46.06) that was dismissed after you completed deferred adjudication?

If your answer to Question 2 is no, proceed to Question 3.

If your answer to Question 2 is yes: Have you ever been previously convicted or placed on deferred adjudication for anything other than a fine-only traffic ticket (not including the offense you want to seal)?

  • If your answer is yes, proceed to Question 7.  
  • If your answer is no, follow the procedure for Section 411.0726.
Question 3: Do you want to seal a felony record?
  • If your answer to Question 3 is no, proceed to Question 4
  • If your answer is yes: Did you complete deferred adjudication for the felony?
    • If your answer is yes, that you were placed on deferred adjudication, follow the procedure for Section 411.0725.
    • If your answer is no, proceed to Question 6.
Question 4: Do you want to seal a misdemeanor conviction? ("conviction" includes any sentence of probation, fine, or imprisonment)

If your answer to Question 4 is yes, besides the offense you want to seal, have you ever been convicted or placed on deferred adjudication for any other offense (other than a fine-only traffic ticket)?

  • If your answer is yes, proceed to Question 6.
  • If your answer is no: Do you want to seal a DWI (driving while intoxicated) offense?
    • If your answer is yes, that you do want to seal a DWI, proceed to Question 5
  • If your answer is no: Do you want to seal any of the following convictions?:
    • Boating while intoxicated (Penal Code 49.06)
    • Flying while intoxicated (Alcohol Beverage Code Section 49.05)
    • Assembling or operating an amusement ride while intoxicated (Alcoholic Beverage Code Section 49.065)
    • Organized Crime (Penal Code Chapter 71)?
  • If your answer is yes, proceed to Question 6. 
  • If your answer is no: Were you placed on probation (also known as community supervision) for the offense you want to seal? (If you were placed on probation, answer "yes" even if you also had to go to jail or live under house arrest.)
Question 5: Do you want to seal a DWI misdemeanor conviction (Penal Code Section 49.04)? ('conviction' includes a sentence of probation, fine, or imprisonment)

If your answer to Question 5 is yes, besides the offense you want to seal, have you ever been convicted or placed on deferred adjudication for any other offense (other than a fine-only traffic ticket)?

  • If your answer is yes, proceed to question 7.
  • If your answer is no: Was your BAC (blood alcohol concentration) 0.15 or more?
    • If your answer is yes, proceed to Question 7.  
  • If your answer is no: Did your DWI offense involve an accident involving any other person, including a passenger in your own vehicle?
    • If your answer is yes, proceed to Question 7.
  • If your answer is no: Were you placed on probation (also known as community supervision) for the DWI offense? (If you were placed on probation, answer "yes" even if you also had to go to jail or live under house arrest.)
Question 6: Do you want to seal an offense that you only committed because you were a victim of trafficking (for example, if your traffickers forced you into prostitution)?
  • If your answer is no, proceed to Question 7.
  • If your answer is yes: Do you want to seal any of the following?
    • Marijuana possession (Penal Code 481.121)
    • Delivery of marijuana (Penal Code 481.120)
    • Theft under $500 (Penal Code 31.03)
    • Prostitution (Penal Code 43.02)
  • If your answer is no, proceed to Question 7.
  • If your answer is yes: Did you help with a criminal investigation?
  • If your answer is no: Did law enforcement ask you to help with a criminal investigation but you did not because you were 1) too young, or 2) too damaged (mentally of physically) from your human trafficking experience?
    • If your answer is no, proceed to Question 7.
    • If your answer is yes, follow the procedure for Section 411.0728
Question 7: Did you participate in a veterans treatment court for the offense you want to seal?
  • If your answer is yes, follow the procedure for Section 411.0727
  • If your answer to Question 7 is no, proceed to Question 8.
Question 8: Did you complete a veterans reemployment program as part of probation for the offense you want to seal?
  • If your answer is yes, follow the procedure for Section 411.0729.
  • If your answer is no to Question 8 and you answered all other applicable questions above, you do not qualify for a nondisclosure order